Is Delta-8 THC Legal in Ohio?

By | Updated on October 5, 2023

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Although Ohio’s medical marijuana program redefined THC to include delta-8, it’s still legal. Besides, this rule doesn’t affect unregulated products. Here’s a closer look at delta 8 legality in the Buckeye State.


Delta-8 THC is legal in Ohio just like all hemp-derived products.

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Ohio Delta-8 THC Laws

As in most states, hemp and hemp products are legal in Ohio. According to Ohio’s Senate Bill 57:

“Hemp product” means any product, containing a delta-9 tetrahydrocannabinol concentration of not more than three-tenths per cent, that is made with hemp. Hemp product” includes cosmetics, personal care products, dietary supplements or food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, and any other product containing one or more cannabinoids derived from hemp, including cannabidiol

Ohio SB57

Delta-8 THC fits that definition of a hemp product, making it legal. The only change (effective May 2, 2022) is that Ohio’s medical marijuana program redefined THC to include all forms of tetrahydrocannabinol, including delta-8.

That means Ohio medical marijuana processors must calculate the amount of delta-8 THC in their products and list it on the label.

But these regulations don’t ban delta-8 or regular hemp products sold outside the state’s medical program.

What is Delta-8 THC?

Delta 8 is a form of tetrahydrocannabinol (THC), the cannabis compound that gets you high. Most people are only familiar with delta-9 THC, its most common form in cannabis.

Delta-8 has weaker effects than delta-9 but can still get you high, cause euphoria, sleepiness, and other effects associated with cannabis (1).

Since its levels in cannabis are low, delta 8 is made by chemically converting CBD.

Why Delta-8 THC is Federally Legal

The 2018 Farm Bill legalized hemp nationwide. But it also created a loophole allowing for hemp-derived delta 8 products. That’s because the bill defines hemp as cannabis with no more than 0.3% delta-9 THC. 

By that definition, products made out of hemp can contain as much delta-8 THC as desired. In most cases, delta 8 is synthesized from pure hemp-derived CBD through a chemical conversion process.

States Where Delta-8 THC is Illegal

Each state can choose to regulate delta 8 in its own way.

Delta-8 THC is currently illegal in 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

The Future of Delta 8 in Ohio

Delta 8 is legal in Ohio but it may become regulated in the future.

According to a June 2021 article by News 5 Cleveland, the state is considering adding regulations for delta 8 THC down the line. We’ll have to wait and see what happens.

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